Key aspects of the debate on the role of the state in the legal system in the liberal legal discourse

In foreign philosophical and legal discourse, a significant place is occupied by the issue of the role of the state in the normative system of society and its connection with law. The author points out that much of this debate has centered around the antagonistic positions of positivist and jusnaturalist legal scholars. The evolution of views on the state in the legal system is due to the general methodological rise of the philosophy of law in the 20th century, coupled with a change in the practice of state building based on democracy, delegation of power and limitation of sovereignty. Today, the liberal legal discourse has developed a position related to the understanding of the state not as a subject of power relations, but as a functional institution in a broad conventional normative system of society.